Narragansett Indian tribe asks court to dismiss lawsuit accusing it of failing to pay $1.1M in legal fees

PROVIDENCE, R.I. -- The Narragansett Indian Tribe Wednesday asked a federal judge to dismiss a lawsuit brought by its former lawyer accusing it of reneging on more than $1.1 million in legal fees.

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By
Katie Mulvaney
Posted Aug. 7, 2013 @ 4:33 pm

PROVIDENCE, R.I. -- The Narragansett Indian Tribe Wednesday asked a federal judge to dismiss a lawsuit brought by its former lawyer accusing it of reneging on more than $1.1 million in legal fees.

Sovereign immunity bars civil actions against the federally-recognized Indian tribe, lawyer John F. Killoy Jr. told the court. The tribe, he said, never explicitly waived its sovereign rights when it entered an agreement for legal services with lawyer, Douglas J. Luckerman.

Luckerman did not exhaust his claims in tribal court before bringing the lawsuit -- as required, Killoy said.

A lawyer for Luckerman countered that the tribe had, in fact, waived its sovereign rights when it hired the Massachusetts lawyer to help represent it in court after the 2003 state police smoke-shop raid. The language in the two client-retainer agreements was "sufficiently clear to waive sovereign immunity," Anthony K. Muri said.

While the tribe enjoys some measure of sovereignty such as the power to make its own laws and oversee membership, it does not enjoy sovereignty over non-members, such as Luckerman, Anthony K. Muri said.

Luckerman filed suit in March accusing the tribe of breach of contract for failing to pay his legal fees. He seeks compensation for his services, plus interest and legal fees.U.S. District Court Judge William E. Smith heard arguments Wednesday on the tribe's motion to dismiss.